The Procurement Glossary » Battle of the Forms

Battle of the Forms

Contracts & Legal

Definition

The legal contest over whose standard terms govern a deal when buyer and supplier each try to impose their own.

Explanation

In practice, buyer PO terms and supplier acknowledgement terms often conflict. Courts typically apply the 'last shot' whose terms were sent last before performance, so clarity up front avoids nasty surprises.

Example

The buyer's PO terms and the supplier's acknowledgement clash; because the supplier shipped after the PO, the PO terms prevail.

Related terms

Frequently Asked Questions

What is Battle of the Forms?

The legal contest over whose standard terms govern a deal when buyer and supplier each try to impose their own. In practice, buyer PO terms and supplier acknowledgement terms often conflict. Courts typically apply the 'last shot' whose terms were sent last before performance, so clarity up front avoids nasty surprises.

Can you give an example of Battle of the Forms?

The buyer's PO terms and the supplier's acknowledgement clash; because the supplier shipped after the PO, the PO terms prevail.

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